Manoj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40861 of 2016 Arising Out of PS.Case No. -111 Year- 2016 Thana -SIKTI District- ARRARIA ======================================================
1. Manoj Yadav Son of Keshi Lal Yadav resident of Village- Chhapania, P.S.- Palasi, District- Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-09-2016 Heard learned counsels for the petitioner and the State. The petitioner being husband of the informant is languishing in custody since 5.8.2016 in a case registered for the offences punishable under Section 498A of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act. The basic accusation is of torture for non fulfillment of dowry demands.
It is submitted by the learned counsel for the petitioner that the petitioner admits his marriage with the informant and birth of a child. The petitioner is ready to keep her with full dignity and honour. Statement to that effect has been made in paragraph 17 of the petition which reads as follows:
" That the petitioner is ready to keep the informant with
Patna High Court Cr.Misc. No.40861 of 2016 (2) dt.21-09-2016 2/2 full dignity and honour."
It is submitted by learned counsel for the informant that the petitioner has performed second marriage hence the informant is ready to reside in the matrimonial house provided she should be given adequate share in the property of matrimonial house. Learned counsel for the petitioner submits that the petitioner is ready to resolve the issue on release though statement to that effect has not been made in the petition.
Considering the aforesaid facts, let the above named petitioner be released on provisional bail for four months on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM III, Araria in connection with Sikty P.S. Case No. 111 of 2016. The provisional bail of the petitioner will be confirmed by the learned court below on issue being resolved between the parties.
(Dinesh Kumar Singh, J) Anil/- U T